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Sovereign Immunity, TTCA

City immune from wrongful death claims at airport since independent contractor was in charge of trains

August 2, 2013rhenry12598Leave a comment

The City of Houston v. Ranjel,et al, No. 14-12-00458-CV (Tex. App. – Houston [14th Dist.], August 1, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act (“TTCA”) case.  The incident
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Contracts, Employment Law, Sovereign Immunity

Employment contract not included in Chapter 271 waiver of immunity says 12th Court of Appeals.

August 1, 2013rhenry12598Leave a comment

Damuth v. Trinity Valley Community College, 12-11-00248-CV (Tex. App. – Tyler, July 31, 2013). This is a contractual immunity case in an employment contract dispute. Damuth was a teacher and coach for Trinity Valley Community College (“TVCC”). Five months into the one
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Agency, Discrimination, Employment Law, Litigation

Court properly instructed jury on 300 day employment discrimination deadline says 14th Court of Appeals

July 30, 2013rhenry12598Leave a comment

  Esters v. Texas Department of Transportation, et al, No. 14-11-00977-CV (Tex. App. Houston [14th Dist.] July 30, 2013.) This is an employment discrimination case where the central issue turns on the 300 day statutory deadline for filing a claim. Plaintiff Esters,
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Agency, Constitutional Challenge, Preemption

City’s immigration ordinance held preempted by 5th Circuit.

July 30, 2013rhenry12598Leave a comment

  Villas at Parkside Partners v. City of Farmers Branch, Texas No. 10-10751 (5th Cir. July 22, 2013) This is a consolidated appeal heard en banc with the central issue being whether municipal ordinances restricting rental housing based on immigration status is
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Employment Law, Sovereign Immunity, Worker's Comp

Hospital immune from Worker’s Comp retaliation claims.

July 25, 2013rhenry12598Leave a comment

  Burt v. Andrews County Hospital District d/b/a Permian Regional Medical Center, 08-11-00109-CV (Tex. App. – El Paso, July 24, 2013). This is a worker’s compensation retaliation case where the court recognized the applicability of the Texas Supreme Court’s opinion in Travis
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Litigation, Sovereign Immunity

City’s standing challenge in annexation suit does not encompass an analysis of the merits says 3rd Court of Appeals.

July 25, 2013rhenry12598Leave a comment

Cokins, et al v City of Lakeway, No. 03-12-00083-CV (Tex. App. Austin, July 25, 2013). This is an annexation dispute where the trial court granted the City of Lakeway’s plea to the jurisdiction and the various property owners appealed. The City annexed
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Agency, Discrimination, Employment Law, Sovereign Immunity

Some of ALJs discrimination claims against SOHA can go forward says 4th Court of Appeals.

July 24, 2013rhenry12598Leave a comment

  The Texas State Office of Administrative Hearings v. Birch et al, 04-12-00681-CV (Tex. App. – San Antonio, July 24, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising from several alleged employment claims. The
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Contracts, Declaratory Judgments, Sovereign Immunity

County immune from claims for specific performance: no waiver by contract/conduct

July 24, 2013rhenry12598Leave a comment

  Webb County v. Khaledi Properties, 04-12-00251-CV (Tex. App. – San Antonio, July 24, 2013). This is a contractual immunity case where the County appealed the denial of a plea to the jurisdiction. Through a long history of events, Khaledi Properties sued
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Discrimination, Employment Law

Constructive discharge: how bad is objectively bad.

July 18, 2013rhenry12598Leave a comment

Gardner v Abbot, et al, No. 3-12-00680-CV (Tex. App. — Austin July 18, 2013) This is an employment discrimination case based on sexual orientation.  Gardner was a homosexual employee at a child-support center for the State who alleges he was constructively discharged
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Civil Service/Collective Bargaining, Declaratory Judgments

Constables are not “police officers” who can collectively bargain says 4th Court of Appeals

July 17, 2013rhenry12598Leave a comment

Wolff, et al v Deputy Constables Association of Bexar County, 04-13-00080-CV (Tex. App. – San Antonio, July 17, 2013). This is a statutory construction case brought by interlocutory appeal regarding the right of employees to collectively bargain under Chapter 174 of the
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Recent Posts

  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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